Thursday, July 16, 2015

File An Order Of Protection In Ohio

Ohio recognizes the rights of citizens to file protection orders.


There are a lot of situations where one person wants another person to stay away from them and needs a court to intervene to ensure this happens. Restraining orders, protection orders, and other forms of court orders limiting contact are available in certain situations. The state of Ohio recognizes the right for citizens to petition for a protective order that limits when and how people can come into contact with one another.


Instructions


1. Understand the different kinds of orders available. The state of Ohio allows for four different kinds of protection orders. These are: Domestic Violence Temporary Protection Orders (DVTPO), Criminal Protection Orders (CPRO), Civil Protection Orders (CPO), and Civil Stalking or Sexually Oriented Offense Protection Order (SSoOPO). Each different kind of protection order applies to different situations.


2. Apply for civil protection order (CPO). One of the more common forms of protection order is the CPO. This order is intended to prevent continued domestic violence. To apply for this order, you must file a petition for a CPO with the domestic relations court in the county in which you live. You must fill out the form requesting the CPO and bring it with you to the county court office to file.


3. Ask for a CPRO. A criminal protection order (CPRO) can be issued by a court whenever a criminal case has been filed by the prosecutor's office. These orders last until the court dismisses the case, or the defendant is either convicted or acquitted. CPRO's can only be issued after a criminal case has been filed, and must be requested by either the prosecutor or the victim.


4. Ask for a DVTPO. Similar to a CPO, a domestic violence temporary protection order can be granted in domestic violence situations. You must file a request for a DVTPO with the county records in which you reside. This is an ex parte order that lasts until a hearing can be held. After the hearing the court may decide to issue another form of protection order.


5. File for a SSOOPO. To file for a stalking or sexually oriented Offense Protection Order, a standard SSOOPO form must be obtained from the clerk of Common Pleas court, filled out, and filed. If the petitioner requests the order be granted ex parte (immediately), she may be required to meet with a judge and provide evidence as to why she believes she is in immediate and present danger. If an ex parte order is not requested, the court will schedule a hearing.

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